Qassim v. Trump, No. 18-5148 (D.C. Cir. 2019)Annotate this Case
Petitioner challenged the district court's denial of his petition for writ of habeas corpus, raising a due process challenge to the government's use of undisclosed classified information as a basis for his detention.
The DC Circuit held that the district court's ruling that binding circuit precedent denied petitioner all rights to due process was in error. The court explained that Kiyemba v. Obama ruled only that the Due Process Clause does not invest detainees who have already been granted habeas corpus with a substantive due process right to be released into the United States. However, Kiyemba did not decide, or have any occasion to address, what constitutional procedural protections apply to the litigation of a detainee's habeas corpus petition in the first instance. Furthermore, no other decision of this circuit has adopted a categorical prohibition on affording detainees seeking habeas relief any constitutional procedural protections. The court held that the governing law is that petitioner and other alien detainees must be afforded a habeas process that ensures "meaningful review" of their detention pursuant to Boumediene v. Bush. Therefore, the court remanded the case for further proceedings to be conducted within the correct legal framework and to develop the needed factual record.
This opinion or order relates to an opinion or order originally issued on August 14, 2018.